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(영문) 수원지방법원 2016.08.10 2016고단3021
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the franchise bus B 45.

On March 18, 2016, the Defendant driving a bus around 20:04, and proceeded at the speed of 20 km in the direction of the above factory office in the direction of the site in D Factory, Inc., Ltd., which is located at the time of harmony.

In such a case, a person engaged in driving a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering and the system.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 53) who was pushed down to the factory employees in order to board the above transit bus first, but did not find the victim E (the age of 53) who was pushed down under the above bus and proceeded with the victim's head and chest part in front of the bus of the defendant.

Accordingly, the Defendant caused the victim to die by his occupational negligence at around 20:10 on the same day, resulting in the death of the victim due to the defrisoning of divers and the diversary end of death from the same occupation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act for sentencing [the scope of the recommended sentence] [the grounds for sentencing] of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] of the Act on the Punishment of Traffic Accidents No. 2 (Article 4-1 year] [the person subject to special sentencing] [the person subject to special sentencing]] is not subject to punishment [the circumstances that are favorable to the death of the victim: there are circumstances that are favorable to the death of the victim: erroneous recognition; circumstances that may be considered in light of the circumstances leading to the crime; the victim's bereaved family was not subject to punishment; the victim's family was subscribed to a comprehensive insurance; and the first offender was the first offender.

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